The Bronx school teacher identified Pena in the courtroom and testified that he raped and sodomized her at gunpoint and threatened to shoot her if she resisted.

A witness said he saw Pena from 12 feet away raping her on a wooden table.

Another witness heard her shout Ã¢ÂÂNo! No! No!Ã¢ÂÂ and saw Ã¢ÂÂjoylessÃ¢ÂÂ sex from her window.

An emergency room doctor

said redness on her vagina was consistent with rape.

DNA evidence from PenaÃ¢ÂÂs semen found on her underwear.

THE DEFENSE

The law says the prosecution has to prove penetration.

He admitted assaulting the woman, but insisted there was no vaginal penetration Ã¯Â¿Â½Ã¯Â¿Â½" therefore no rape.

No DNA evidence of Pena was found inside the woman.

When the ER doctor was cross-examined, he couldnÃ¢ÂÂt say with certainty when the redness on the victimÃ¢ÂÂs vagina was caused.

PenaÃ¢ÂÂs lawyer said the witness was too far away to see if the officer penetrated the woman.

PenaÃ¢ÂÂs lawyer questioned the victimÃ¢ÂÂs account as well, repeatedly asking her how she knew she was being raped.

And even the cop accused of brutalizing the Bronx school teacher admitted assaulting her.

The jury convicted the former police office of sodomy & of sexual assault but not rape.

Pena, who was convicted by the same jury Tuesday on six counts of predatory sexual assault and first-degree criminal sexual act for sodomizing her, will be sentenced on May 7. He has been fired by the NYPD.

From what I've read, the sodomy is rape according to the FBI's new definition, because it is "penetration of the vagina or anus, however slight, with an object or body part..." and of course, the lack of consent (which obviously was the case here) Don't know what New York State's defnition is though. I hope the penalties are tough.